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Full-Text Articles in Law
Return To Political Theology, Joshua D. Hawley
Return To Political Theology, Joshua D. Hawley
Faculty Publications
There was a time when theology was called the "queen of the sciences." From the beginnings of the university in the High Middle Ages through the nineteenth century, theology formed the backbone of liberal instruction at institutions of higher learning. Those days are long past. What remains of theological investigation in most major American universities has been trans- posed into the study of religion and safely sequestered in "religious studies" departments. Few undergraduates today encounter theology as a discipline-and as for law students, well, the idea that theology might have some relevance for the study of law is regarded in …
The Pond Betwixt: Differences In The U.S.-Eu Data Protection/Safe Harbor Negotiation, Richard J. Peltz-Steele
The Pond Betwixt: Differences In The U.S.-Eu Data Protection/Safe Harbor Negotiation, Richard J. Peltz-Steele
Faculty Publications
This article analyzes the differing perspectives that animate US and EU conceptions of privacy in the context of data protection. It begins by briefly reviewing the two continental approaches to data protection and then explains how the two approaches arise in a context of disparate cultural traditions with respect to the role of law in society. In light of those disparities, Underpinning contemporary data protection regulation is the normative value that both US and EU societies place on personal privacy. Both cultures attribute modern privacy to the famous Warren-Brandeis article in 1890, outlining a "right to be let alone." But …
A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele
A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele
Faculty Publications
In spring 2015, the U.S. Supreme Court decided two consolidated cases construing the Federal Tort Claims Act, U.S. v. Kwai Fun Wong and U.S. v June, Conservator. The Court majority, 5-4, per Justice Kagan, ruled in favor of the claimants and against the Government in both cases. On the face of the majority opinions, Wong and June come off as straightforward matters of statutory construction. But under the surface, the cases gave the Court a chance to wrestle with fundamental questions of statutory interpretation. The divide in Wong and June concerns the role of the courts vis-à-vis Congress — one …
Do Med Schools Do It Better?: Improving Law School Admissions By Adopting A Medical School Admissions Model, Rebecca C. Flanagan
Do Med Schools Do It Better?: Improving Law School Admissions By Adopting A Medical School Admissions Model, Rebecca C. Flanagan
Faculty Publications
The differences between legal education and medical education start before students enter their post- graduate professions programs: the differences in the preparation begin during a period of undergraduate years. This article briefly compares pre-law and pre-medical undergraduate preparations, and discusses how the differences in preparation shape preparedness in professional school. Taking cues from the successes in pre-med preparation, this article provides recommendations for improving the law school admissions model by adopting more rigorous pre-law preparation standards. The recommendations in this articles are necessary prerequisite for law schools looking to produce the “practice ready” graduates that the public demands.